Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goldberg v Morrow [2004] FCA 1490
BANKRUPTCY – appeal from sequestration order made by Federal Magistrate – sequestration order based on judgment debt – allegation that original order giving rise to judgment debt obtained by fraud and collusion – allegation that appellant denied natural justice by not being afforded opportunity to object to affidavits of debt and search – allegation that Federal Magistrate wrongly refused adjournment of proceeding
Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1, referred to
House v The King (1936) 55 CLR 499, referred to
DAVID GOLDBERG v DAVID MORROW V1118 of 2004 WEINBERG J 19 NOVEMBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1118 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DAVID GOLDBERG
APPELLANT
AND: DAVID MORROW
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 19 NOVEMBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1118 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DAVID GOLDBERG
APPELLANT
AND: DAVID MORROW
RESPONDENT
JUDGE: WEINBERG J
DATE: 19 NOVEMBER 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal by David Goldberg against a sequestration order made on 6 September 2004 by McInnis FM. The Chief Justice has determined, pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), that the appeal should be heard by a single judge.
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